Legal Opinion

State v. Arriaga

Texas Court of Appeals, 4th District (San Antonio)

Decided September 29, 1999No. 04-98-00901-CRPublishedCited by 62 opinions

1Opinion of the Court

OPINION

Opinion by:

CATHERINE STONE, Justice.

The State appeals the trial court’s order granting a motion to suppress intoxication evidence obtained from a DWI arrest. We affirm the order of the trial court because the arresting officer failed to present specific articulable facts to justify the stop.

Factual and Procedural Background

On March 23, 1997, Officer Mark Harris stopped appellee Arriaga on Grissom Road at 1:50 a.m. near a nightclub. Harris observed Arriaga’s van drifting toward the divider line and then jerking back within the lane. Harris stopped Arriaga a mile and a half after he…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  3. Harris v. United StatesSupreme Court of the United States · 1947
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1997
  5. Russell v. StateCourt of Criminal Appeals of Texas · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. State v. Fudge, Texas Court of Appeals, 3rd District (Austin)2001
  2. State v. Cerny, Texas Court of Appeals, 13th District2000
  3. Fowler v. StateCourt of Appeals of Texas · 2008
  4. Leming v. StateCourt of Criminal Appeals of Texas · 2016
  5. Tyler v. StateCourt of Appeals of Texas · 2005

57 more not listed; retrieve them via the Exa API.

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